Court No. - 2 Case :- WRIT - C No. - 28861 of 2010 Petitioner :- Iqbal Raeen And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Arvind Kr. Srivastava Respondent Counsel :- C.S.C.,N. Mishra,Satish Mandhyan Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner and Sri Nipendra Mishra for the
respondent.
Counter and rejoinder affidavits have been exchanged between the parties.
By this writ petition, the petitioner has prayed for a mandamus directing the
respondent to give the possession to the petitioner in the light of allotment letter
dated 05.05.2010 issued by the Secretary, Krishi Utpadan Mandi Samiti, Badayun.
By the said letter, the petitioner was allotted a shop and place in the tin shed.
Learned counsel for the petitioner submits that although he has deposited the
advance rent of three months, till date possession has not yet been given.
Sri Nipendra Mishra appearing for the respondent submits that notices were given
to the petitioners, the last one being on 17.05.2010 asking them to deposit six
months advance rent so as to give the possession of the shop and place in the tin
shed. He submits that the petitioners having not yet deposited the six months
advance rent, they have not yet been given possession.
We have perused the format of allotment which clearly mentions payment of
advance rent of six months.
In view of the aforesaid, we are of the view that subject to the petitioner depositing
balance advance rent of three months, further steps regarding giving possession and
completion of the formalities be made by the respondents as per their notice dated
17.05.2010.
The respondents shall take appropriate steps within 15 days after depositing of the
rent.
The writ petition is disposed of with the aforesaid observations.
Order Date :- 7.7.2010
Jaideep/-